The New York Intellectual Property Law Association has a somewhat different view.

While the NYIPLA said it might be that the government cannot petition for CBM review, the group said the government may still be a “person” able to file IPRs and PGRs. It said the AIA’s provision dealing with CBMs was “more limiting.”

“The NYIPLA respectfully urges that, despite the broad wording of the question presented, the holding in this case be expressly limited to CBMs (leaving the question for IPRs and PGRs open for decision on another day in a factually more appropriate vehicle),” the group wrote.